TDEC Rejects EPA Recomendations On USN

By Walter F. Roche Jr.

Tennessee environmental regulators have rejected a series of recommendations from the U.S. Environmental Protection to require additional, montoring, reporting and record-keeping by US Nitrogen LLC, a major Greene County chemical firm.
In a seven-page document made public this week, the Tennessee Department of Environment and Conservation stated that the EPA recommendations are neither required or necessary. The disclosure comes following the issuance late last week of a new permit that allows the company to continue operations through April of 2029.
The EPA from its Atlanta regional office had made five suggestions to TDEC "to ensure compliance with Title V of the Clean Air Act."
Those suggestions included monitoring that would ensure the visible emissions from US Nitrogen's nitric acid plant did not exceed opacity limits during start-ups and shut-downs.
Concerns about the visible emissions from the plant have recently been voiced by Park Overall, a local activist who sent pictures to TDEC showing visible emissions from the Midway plant recorded recently.
"The division sees no need for additional opacity monitoring for the nitric acid plant during start-up or shut-down," TDEC official James Johnston wrote in response to the EPA recommendation. Stating that emissions were expected to decrease dramatically due to a recent "process change," Johnson wrote, "There is no need for additional monitoring."
EPA also had suggested that US Nitrogen be required to record the amount of natural gas used and to set an annual limit on natural gas used.
TDEC rejected that suggestion contending that EPA was using the wrong standard in its analysis.
EPA also had urged that the state permit require US Nitrogen to record the heat input for the anhydrous ammonia plant but TDEC said that also was unnecessary. However the agency stated that they did add new language to the permit to ensure overall compliance.
A fourth EPA recommendation, that the permit require monitoring of visible emissions for flares used in the production process, was judged "unnecessary."
A final recommendation for additional monitoring and record-keeping on the nitric acid plant was similarly rejected.
"There are no federal or state standards for ammonia emissions that apply to this facility," the TDEC response states.
TDEC did state that a provision was added to the permit requiring that US Nitrogen adjust the ammonia injection rate if emission limits were exceeded.
TDEC previously issued responses rejecting other additional monitoring and record-keeping requirements proposed by an environmental consultant brought on by Overall. The agency similarly rejected suggestions from the Sierra Club.
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US Nitrogen Gets TDEC Permit

By Walter F. Roche Jr.

Tennessee environmental regulators have issued a new operating permit to a Greene County chemical firm that will allow the company to continue manufacturing till April 1, 2029.
The conditional major operating permit was issued by the Tennessee Department of Environment and Conservation to US Nitrogen, an ammonium nitrate manufacturer located in Midway in Greene County. The action followed public hearings in which the Sierra Club,local activists and an environmental consultant all called for stricter limits and additional reporting and record-keeping requirements.
In November the U.S. Environmental Protection Agency also recommended additional record-keeping and reporting requirements.
Under the revised permit the company is required to limit the emission of nitrous oxides and carbon monoxide to 100 tons each in any continuous 12 month period.
If the company exceeds those limits through required monitoring it must self report it to TDEC within 15 days of its discovery.
Limits also are placed on the opacity of emissions, set at 20 percent. Local activist Park Overall recently sent TDEC photos showing plumes of smoke emitting from the US Nitrogen plant.
The opacity limits do not apply to startup and shutdowns, but US Nitrogen must take steps to limit emissions and opacity during startups, shutdowns and malfunctions.
The permit states that if the company exceeds the agreed limits it faces the possible loss of its permit and penalties and action by the EPA.
The permit sets various deadlines for the company to submit reports including two that become due in April of next year.
Other limits in the permit include a cap of 5.8 million tons of ammonia production in any 12 month period. Limits also apply to particulate emissions and heat input. The permit also requires the use of natural gas in production processes.
The action on the operating permit follows TDEC approval of a series of related permits, some of which apply to two other companies, Praxair Inc. and Yara North America Inc., that share the same Greene County site.
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US Nitrogen's River Use Plunges

By Walter F. Roche Jr.

The use of water from the Nolichucky River by a Greene County chemical firm dropped substantially in November, according to a report filed with the Tennessee Department of Environment and Conservation.
US Nitrogen reported that it drew 12.3 million gallons from the Nolichucky in the month down from the 21.7 million gallons of river water it used in October. The report shows that on 10 days during last month a minimal amount was drawn for use in the company's production of ammonium nitrate and related product.
On only on two days, Nov. 24 and 25, the company pumped a little over one million gallon from the waterway.
The amount of water the company discharged back in to the Nolichucky also decreased with the total reaching 4.8 million gallons. That was less than half of the 10.9 million discharged in October. The largest day of discharge, more than 500,000 gallons. came on Nov. 20. Minimal discharges were reported on four days.
The company draws water from the river through an 11 mile pipeline running from the river to its Midway plant. A permit allowing the installation of the pipeline alongside two state highways was issued by the Tennessee Department of Transportation. Another permit, which was recently renewed by TDEC, authorizes the use of the river water by US Nitrogen..
Both permits drew opposition from local residents and were the subject of lawsuits. One such suit filed by landowners who charged that the pipeline trespassed on their property was settled under terms that were not made public.
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Judge Boosts US Nitrogen Verdict

By Walter F. Roche Jr.

A federal judge has reversed himself and boosted the award to US Nitrogen LLC to a little under $2.8 million in a suit brought against the company that performed engineering work on a Tennessee factory.
In a seven-page ruling U.S. District Judge Michael L. Brown, sitting in Atlanta, ruled that Weatherly Inc. must pay US Nitrogen $2.759 million, an increase of nearly $600,000. Brown had earlier ruled that the maximum amount of the award was $2.2 million.
The latest action follows a September trial in which a jury awarded US Nitrogen $5.75 million. Brown subsequently reduced the award to $2.2 million citing a 15 percent cap in the contract between the two firms.
But the judge reversed himself following a December hearing in which lawyers for Weatherly argued that the $5.75 million jury award was excessive and should be reversed. US Nitrogen's lawyers sought an increase in the verdict.
Weatherly performed engineering services for the construction of US Nitrogen's Midway TN. ammonium nitrate manufacturing facility. In the original suit US Nitrogen sought $30 million, charging that errors by Weatherly substantially delayed the start up of the plant and forced millions of dollars in added construction costs.
According to the ruling US Nitrogen was billed $18.395 million by Weatherly and a provision in the original contract capped any damages at 15 percent of the contract price.
Brown had previously ruled that the cap applied to the original contract price of $14.692 million, but in the latest ruling he concluded that the cap should be applied to the final price.
Citing language in the original contract, Brown wrote that it was clear that both parties understood that the price could increase.
"That the parties used a percentage rather than a definite figure indicates their expectation and intention for the price and Weatherly's liability cap to increase with the needs of the project," Brown wrote.
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Expert Pleased By EPA Permit Comments

By Walter F. Roche Jr.

An environmental consultant who has reviewed the proposed operating permit for a major Greene County chemical firm says he was somewhat surprised and pleased by comments from the U.S. Environmental Protection Agency calling for some changes in the permit.
Howard Gebhart of Air Resource Specialists, who was brought in by local environmental activist Park Overall, said the EPA comments reiterated one of his primary concerns, that the proposed permit lacks sufficient requirements to ensure that US Nitrogen operates in compliance with requirements.
The EPA, in a Nov. 5 letter to the Tennessee Department of Environment and Conservation, recommended additional monitoring and record keeping requirements be added to the permit.
But while Gebhart said he was pleased with the EPA comments, he said the agency could have gone further in calling for specific additional requirements in the conditional major operating permit to be imposed on the ammonium nitrate manufacturing company.
"I would have liked it more had EPA also identified more of the items listed in my comments, but I guess that we will take what we can get. I really wasn't expecting EPA to weigh in at all," Gebhart wrote in an email response to requests for comment.
Gebhart, who testified at a June public hearing on the proposed permit, said he was particularly pleased that the EPA raised the issue of opacity testing on US Nitrogen's nitric acid plant.
He noted that the plant has been a continuing source of problems including incidents of permit violations.
While he said he was particularly pleased that EPA cited the plant's opacity monitoring as a deficiency,"Unfortunately the EPA didn't offer a real solution in their comments," he added.
The consultant said he "would certainly expect TDEC to make some changes to the permit that would address the EPA comments."
"Overall we should get a permit that is more protective of public health," he concluded.
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US Nitrogen Ups River Use

By Walter F. Roche Jr.

US Nitrogen upped its use of water from the Nolichucky River in October and also discharged more than one million gallons of waste water back into the river on two successive days, according to a monthy report filed with the Tennessee Department of Environment and Conservation.
The Greene County firm reported it drew 21.7 million gallons from the Nolichucky River during the month of October. It drew at least some water from the waterway every day of the month, but on the last three days only a minimal amount was withdrawn
According to the report the company discharged a total of 10.9 million gallons into the Nolichucky during the same period. On Oct. 26 and Oct. 27 the company reported for the first time discharging a little over one million gallons back into the river on both days.
The October totals show a substantial increase over the September totals. The company drew 15.2 million gallons from the Nolichucky that month. Discharges to the river in that month totaled 6.8 million.
The company obtained a permit from the state allowing it to utilize the river water without charge for use in the production of ammonium nitrate. It was recently renewed. A separate permit authorizes discharges to the Nolichucky.
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EPA Urges USN Permit Changes

By Walter F. Roche Jr.

Citing the need for additional monitoring, reporting and record-keeping, federal environmental regulators are recommending a series of changes in a controversial Tennessee permit for a major Greene County chemical manufacturer.
The permit, known as conditional major, sets environmental requirements for US Nitrogen, the Greene County manufacturer of ammonium nitrate. It was sent in draft form for comment nearly two months ago to the U.S.Environmental Protection Agency.
In a detailed response to the Tennessee Department of Environment and Conservation, EPA's Atlanta regional office recommended about a half dozen changes covering everything from visible emissions to setting annual limits on natural gas consumption.
In a cover letter EPA officials said they looked forward "to working with you to address any questions you have regarding our comments regarding the monitoring, record-keeping and reporting requirements."
"We consider our comments to be recommendations to ensure compliance with Title V of the Clean Air Act," the Nov. 6 letter states.
The EPA recommended that the permit be amended to set reporting and record-keeping mandates for monitoring visible emissions at the nitric acid plant. EPA noted that as written the permit does not include a compliance method for meeting opacity standards.
In addition EPA noted that the draft permit does not include any record keeping requirement.
While Tennessee officials had stated that provisions of a state law allow for excess emissions when they are "necessary and unavoidable," EPA recommended "that the permit require monitoring of opacity as appropriate" along with additional record-keeping.
At US Nitrogen's steam generating plant EPA urged the addition of a requirement for the company to record the amount of natural gas used and to limit natural gas consumption to 990 million standard cubic feet per year "and to keep a record of 12 month rolling average of the natural gas combustion."
For the company's anhydrous ammonia plant EPA recommended that US Nitrogen be required to keep a log of heat input on a monthly basis. In addition the permit should require the company to record the amount of natural and purge gas used, according to the EPA.
For the flares used at various points in the manufacturing process, the EPA is urging that there be a five minute limit on the use of flares at the steam generating boiler. Noting that TDEC had stated that weekly monitoring would be inappropriate, EPA said it was unclear from the permit how or when the company would monitor the flares.
EPA recommended that the permit be amended to require "a monitoring frequency appropriate for the source" which could include monitoring the flare only during startup and shutdown.
At the nitric acid plant EPA recommended that the permit require US Nitrogen to maintain electronic records that show the ammonia concentrations.
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US Nitrogen Verdict Slashed

By Walter F. Roche Jr.

A $5.7 million jury award to a Greene County chemical firm has been slashed to less than half in accordance with an order by the federal judge presiding over the case.
Records in U.S. District Court in Atlanta show the award against Weatherly Inc. was reduced to $2.2 million as ordered by U.S. District Judge Michael L. Brown.
US Nitrogen sued Weatherly charging that errors by the engineering firm had caused the chemical firm to sustain some $30 million in damages.
Weatherly provided engineering services for the construction of US Nitrogen's ammonium nitrate manufacturing plant in Midway, Tenn.
A jury heard testimony in the case in September and voted to award US Nitrogen $5.75 million, but Brown already had ruled that based on contract between Weatherly and US Nitrogen, the maximum recovery was $2.2 million. Court records show that the $5.75 million was subsequently reduced to $2.2 million.
Following the reduction US Nitrogen filed a motion to have the reduction eliminated. US Nitrogen also disputed the calculation of the recovery cap citing added fees incurred in the construction after the contract was signed.
Weatherly replied by stating that the arguments being raised by US Nitrogen had already been considered and rejected by the judge.
A court hearing has been requested by lawyers involved in the case but the judge has yet to act on the request.
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US Nitrogen Drew 15.2 Million Free Nolichucky Gallons

By Walter F. Roche Jr.

US Nitrogen drew some 15.2 million gallons of free water from the Nolichucky River in September,drawing at least some water from the waterway every day of the month.
Data on the water drawn and discharged to the river was included in a report the company filed with the Tennessee Department of Environment and Conservation. The permit for use of the river water was recently renewed by TDEC.
The report shows the Midway chemical firm also discharged nearly 6.8 million gallons of waste water back into the river. Both the discharge and uptake pumps are located at mile 20 of the Nolichucky.
The company drew only a minimal amount from the river on five days during September, including Sept. 29 and Sept. 30. It drew over a million gallons on Sept. 16 and just under one million gallons on Sept. 1 and 2.
The discharge report shows that on five days,including Sept. 6 and 7, the company discharged no waste water in the Nolichucky. On six days during September the company discharged more than 500,000 gallons into the river. The highest single discharge day was Sept. 11, when it nearly hit 600,000 gallons.
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TDEC Approves Praxair Permit

By Walter F. Roche Jr.

Tennessee environmental regulators have approved a permit for a Greene County firm that supplies liquefied carbon dioxide to the beverage industry.
The permit was issued to Praxair Inc. which is located in Midway on the same site as US Nitrogen, which is awaiting a federal review of its new permit from the Tennessee Department of Environment and Conservation.
Previously Praxair and Yara North America, also located on the same Midway property, were covered by a permit issued to US Nitrogen.
Praxair will be using carbon dioxide, a byproduct of US Nitrogen's ammonium nitrate production. Praxair will liquefy the carbon dioxide and then ship it to its beverage industry customers.
Under the permit when Praxair is not in operation, the carbon dioxide from US Nitrogen will be vented into the atmosphere.
The permit caps the amount of liquefied carbon dioxide the company can produce within any 12 month period to 90,789 tons.
Praxair must maintain logs showing the amount of carbon dioxide gas received from US Nitrogen per month and the amount of liquefied carbon dioxide shipped per month. Those records must be maintained for two years.
Other limits in the permit apply to particulate matter emissions and visible emissions.
The company must also notify TDEC of any change in ownership within 60 days of any change.
Yara's permit, which was also approved recently, limits its annual production of calcium nitrate to 100 tons per year. The company also stated that it will use a a scrubber for emission control.
TDEC spokeswoman Kim Schofinski said a parallel permit for US Nitrogen is currently under review by the U.S. Environment Protection Agency. All three permits are technically classified as conditional major operating permits.
Local environmental activist Park Overall has registered her objections to the US Nitrogen permit with the EPA.
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Yara, Praxair Permits Progress

By Walter F. Roche Jr.

Tennessee environmental officials have issued a revised permit for another company sharing a Greene County site with US Nitrogen LLC, a subsidiary of an explosives manufacturer.
The conditional major source permit was issued to Yara North America, Inc. which manufactures calcium nitrate for use as a fertilizer. The Yara production facility, located in Midway, has yet to be constructed.
Meanwhile Yara and Praxair Inc., which already is located on the same Midway site as US Nitrogen, have applied for amendments to their permits to eliminate greenhouse gas requirement. Both firms also agreed to limit production to avoid stricter anti-pollution requirements for so called major pollution sources.
Praxair produces liquid carbon dioxide for use in the beverage industry.
"The facility is a true minor (source)," the Praxair submission states.
Both Praxair and Yara are seeking to be categorized as conditional major sources rather than major sources, which require stricter regulation.
Praxair has agreed to limit the annual production of liquefied carbon dioxide to 90,789 tons. If that limit is exceeded the company must report it to the state Department of Environment and Conservation. In addition, exceeding the limit could lead to the company losing its designation as a conditional major source.
Yara's permit limits its annual production of calcium nitrate to 100 tons per year. The company also stated that it will use a venturi scrubber for emission control.
As with Praxair, Yara could lose its categorization as a conditional major source if it exceeds the limits set in the permit.
The permit, signed by TDEC's Michelle Owenby, also sets limits on visible emissions.
The developments on the Praxair and Yara permits come following state approval of permits for US Nitrogen, the original occupant of the Eastern Tennessee site. The US Nitrogen permit has now been submitted to the U.S. Environmental Protection for its review.
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24 million Gallons Drawn From Nolichucky

By Walter F. Roche Jr.

US Nitrogen, the Greene County chemical company, drew 24.266 million gallons of free water from the Nolichucky River during the month of August, according to a report filed with the Tennessee Department of Environment and Conservation.
The filing by US Nitrogen shows that the company pumped more than 1 million gallons from the waterway on nine separate days. The highest daily total was 1.2623 million gallons.
In the same report the company reported it dumped or discharged 10.9377 gallons back into the river. The highest daily discharge was on Aug. 30 when 583,300 gallons were discharged from the company's Midway plant. On six days during the month, including Aug.17 and Aug. 18 no waste water was discharged into the river.
The total water withdrawn was slightly higher than the 23 million gallons withdrawn in July, but well below the record 38.7 million gallons withdrawn in December of 2017.
Both the discharge and uptake amounts were substantially lower than the company reported for August. Water withdrawn in August topped 24 million gallons while nearly 11 million was discharged.
TDEC recently renewed the controversial permit that allows the company to use river water to produce ammonium nitrate and other products.
The intake and discharge pumps are located at mile marker 20.8 on the Nolichucky.
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EPA Reviewing US Nitrogen Permit

By Walter F. Roche Jr.

Federal officials will have 45 days to review and respond to a proposed permit for a Greene County chemical firm.
The proposed permit along with supporting documents for US Nitrogen LLC was forwarded this week to the U.S. Environmental Protection Agency by the Tennessee Department of Environment and Conservation.
TDEC spokeswoman Kim Schofinski said copies of the proposed permit were also submitted to environmental officials in Kentucky, North Carolina, Virginia and Knox County. A copy was also sent to the Eastern Band of Cherokees. Those notifications are required under state and federal regulations.
Schofinski said the EPA has 45 days to review the proposal and the state can't formally issue the permit until EPA notifies TDEC that they will not object to the issuance of the permit, Schofinski said.
Conditional major operating permits are generally issued for 10 years, according to TDEC.
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Scepter Fined $3,000 by TDEC

Tennessee environmental officials have fined a Greene County firm $3,000 for exceeding the emission limits on its permit on 189 days during a period of about eight months.
In an order issued this week, Michelle Owenby, a division director in the Tennessee Department of Environment and Conservation, imposed the fine on Scepter, Inc. The violations related to a secondary aluminum processing operation.
In the order Owenby noted that her agency had the authority to impose a fine of up to $25,000 a day for violating the terms of Scepter's conditional major operating permit. That permit was initially issued on May 12, 2010 and amended in 2016 and 2018.
That permit set temperature limits on two furnaces and capped emissions of gaseous chloride and chlorine.
According to the order issued this week emissions of hydrogen chloride on one stack exceeded the maximum allowable limit on 189 days between Sept. 6, 2018 and May 22 of this year.
Furnace temperatures exceeded the permit limits on 19 occasions between July 1, 2018 and Aug. 30, 2018, according to the order.

US Nitrogen Permit Sent to EPA

By Walter F. Roche Jr.

In a massive filing Tennessee environmental officials have submitted for approval to the U.S. Environmental Protection Agency a new proposed permit for a Greene County chemical firm which has drawn opposition from some local residents.
The proposed conditional major operating permit, which was the subject of a public hearing in June, would authorize US Nitrogen to continue producing ammonium nitrate and other chemical compounds in Midway for its owner, the Austin Powder Co., an Ohio explosives manufacturer.
The 23-page permit will replace a series of construction permits that were issued by the Tennessee Department of Environment and Protection. The company is seeking to avoid being classified as a major source of pollutants and the stricter requirements that classification automatically triggers.
Instead the permit would set specific limits on such pollutants as carbon monoxide and nitrous oxides.
"The permittee has elected to opt out of being issued a major source operating permit," the TDEC document states, adding that normally it would be considered a major source because of its potential to emit more than 100 tons of both carbon monoxide and nitrous oxide during any 12 consecutive months.
The package, including an 18-page summary of projected emissions, was submitted to the EPA today by Michelle Owenby, head of TDEC's air pollution control division. Copies are also being submitted to other states, including Kentucky, for comment.
TDEC submitted the package without making several changes suggested by an environmental consultant retained by local activist Park Overall and and a representative of the Sierra Club.
The proposed permit does, however, require US Nitrogen to provide photographic or other visual proof that two natural gas burners be permanently disabled.
"The permittee shall submit a written notice, along with photographs or other visual evidence to the division within 30 days following the date on which the piping is removed," the proposed permit states.
In addition to authorizing the production of ammonium nitrate the permit authorizes US Nitrogen to operate a steam generating boiler, cooling towers, an anhydrous ammonia production plant, a nitric acid plant and a gasoline dispensing facility.
The permit requires the company to maintain extensive compliance records and to self report any instances in which permit limits were violated.
"Failure to abide by these limits will not only subject the permittee to enforcement action by the state of Tennessee, but it may also result in enforcement action by the EPA and the loss of being federally recognized as a conditional major source," the proposed permit states.
Other specific limits are set for visible emissions and emissions of volatile organisms compounds.
The new permit changes the frequency of deadlines the company must meet to submit compliance reports. Quarterly reports were required with the construction permits but only semi-annual reports are required under the new permit scheme.
The permit does allow for the sale of the facility to another party, but the state must be notified no later than 30 days after the change occurs. The party taking over the operation must also agree to abide by the terms of the permit.
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Disputed Permits Defended by TDEC

By Walter F. Roche Jr.

Citing decisions by the U.S. Supreme Court and the U.S. Environmental Protection Agency, Tennessee environmental officials have issued two official responses defending the issuance of disputed permits in Greene County.
The two nearly identical five page documents were in response to objections to the permits raised at public hearings held in June in Greeneville. The permit applications were submitted by Praxair Inc and Yara North America, two firms operating from the same site in Midway, Tenn.
Praxair's facility produces liquid carbon dioxide for use of the soft drink industry. The Yara facility has yet to be built, but it will produce calcium nitrate, which is used in fertilizer.
That same site is the location of U.S. Nitrogen which recently had its permit applications approved.
Objections to all three permits were raised in person and in writing by the Sierra Club of Tennessee and Park Overall, an environmental activist who lives near the Greene County industrial site.
Scott Banbury of the Sierra Club wrote to the Tennessee Department of Environment and Conservation objecting to the permits questioning the decision to issue separate permits to the three companies. Previously they operated under a single permit.
In the five-page response, TDEC cited a decision by the EPA involving two Pennsylvania firms, Meadowbrook Energy LLC and Keystone Sanitary Landfill. In the April 30, 2018 decision the agency concluded that two firms could be combined for certain permits only if they were under "common control."
EPA, TDEC stated, determined that common control exists when "one entity has the power or authority to restrict another entity's choices."
Applying that ruling to the Greene County firms, TDEC concluded that US Nitrogen, Praxair and Yara, were separate corporations and not under common control.
"The division has concluded that US Nitrogen, Yara North America and Praxair are separate sources," the TDEC document states.
Banbury also challenged TDEC's decision to exempt the three firms from permit restrictions based solely on estimates of greenhouse gas emissions.
TDEC, however, cited a June 23, 2014 U.S. Supreme Court decision that barred environmental agencies from being declared as a "major source"of pollutants for permitting purposes solely on the basis of greenhouse gas emissions.
TDEC also cited a March 11, 2015 declaration by the Tennessee Air Pollution Control Board directing Tennessee environmental officials to comply with the Supreme Court decision.
Referring to the Praxair permit, TDEC concluded, "The facility is a true minor facility."
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No Fine for US Nitrogen Violation

By Walter F. Roche Jr.

Tennessee regulators say they will not impose a fine on a Greene County chemical firm despite the fact that the company violated a condition of its permit for four months in a row.
In a two-page letter to US Nitrogen, Amanda Davis, a division manager for the Tennessee Department of Environment and Conservation, wrote that she had elected to "take no further action at this time."
But, she continued, "Be advised that the technical secretary may be less lenient of any future violations."
In the letter to US Nitrogen plant manager Dylan Charles, Davis indicated the violation surfaced in an annual compliance visit to the Midway facility. While the state permit limits the amount of natural gas used for the company's steam boiler to 380 million cubic feet in any 12 month period the cap was exceeded in April, May, June and July.
The monthly totals in that period ranged from 392 million cubic feet to 446 million cubic feet, Davis noted in the letter.
Davis did note that a re-check of the data did slightly lower the amounts, but not enough to eliminate the violations. She also acknowledged that US Nitogen had requested that the fuel cap be eliminated from the permit altogether.
Citing the revised data, Davis wrote, "Based on this information the division believes that no serious environmental or health impacts likely occurred to the general public as a result of the natural gas fuel usage exceedance for the steam generating boiler."
"By failing to comply with Condition 7, you have violated the Tennessee Air Pollution Control regulation," the letter states.
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US Nitrogen Issued Five Permits

By Walter F. Roche Jr.

Acting on the eve of a long holiday weekend Tennessee regulators have issued five key permits to a Greene County chemical firm assuring its continued operation for two more years.
The permits were issued late Friday to US Nitrogen LLC by the Tennessee Department of Environment and Conservation. The agency largely refuted or ignored more than a dozen suggested changes to the permits submitted by an environmental consultant and the Sierra Club.
Calling one of the changes neither necessary or required the state agency also issued a 23-page summary of the proposed changes and the agency response.
TDEC did agree to a handful of small changes including requiring US Nitrogen to submit photographs demonstrating that a boiler at the Midway plant actually had been disconnected.
The permits were the subject of sparsely attended June public hearings at which the Sierra Club, Park Overall and her consultant, D. Howard Gebhart, testified. Gebhart also submitted written comments.
The permits cover US Nitrogen's plant, an ammonia nitrate plant, cooling towers, flares and a steam generating boiler. They are categorized as conditional major permits and they replace a series of construction permits issued when the ammonium nitrate manufacturer first went into operation.
By agreeing to the limits the company avoided stricter regulations under a major source operating permit.
A key element in the new permit scheme is that US Nitrogen is now operating under its own permits and two other firms on the same site, Praxair Inc and Yara North America, are operating under their own separate permits. The initial construction permits covered all three operations.
The Sierra Club had argued against the permit separation, but TDEC, citing the fact that the three firms are under separate control, rejected that argument.
Under the permits US Nitrogen agrees to operate within certain set limits on annual emissions.
For instance nitrous oxide emissions cannot exceed 3.4 tons per year and carbon monoxide emissions are capped at 2.54 tons per year. The annual emissions limit for volatile organic compounds is set at 1 ton.
Gebhart, who submitted written comments, argued that the proposed permits did not include adequate requirements to ensure the company was complying with the agreed emission limits. He also argued for monitoring of air quality in the community.
TDEC did agree to include a requirement that US Nitrogen certify on an annual basis that it was operating within the prescribed limits.
The agency also added a provision "to make it clear" that emissions of nitrous oxide and carbon monoxide are less than five tons per year each.
TDEC acknowledged that under the new permit US Nitrogen will be allowed to increase its natural gas use in the steam boiler by 18 percent. The company recently disclosed that it had exceeded the current limit in four successive months.
TDEC said that under the new limits the annual limit on particulate matters is 16.35 tons per year, .56 tons for sulfur dioxide, 90.82 tons of nitrous oxide and 69.2 tons of carbon monoxide.
"Thus even with the slight increase in allowable emissions, the facility is still a non-major source for all pollutants," the TDEC document states.
Though Gebhart had argued that further modeling was required before allowing any increases, TDEC said modeling done before the initial permit, which also included the Praxair and Yara operations, was more than adequate.
TDEC said it did add a requirement that US Nitrogen conduct "performance testing" to assure compliance with carbon monoxide limits.
As for ambient air monitoring, TDEC asserted it was "neither required or necesary."
Also rejected was the proposal that additional monitoring be required during the start-ups of the nitric acid plant, which have been the source of community complaints.
In rejecting the request for community monitoring, TDEC cited US Nitrogen's recent disclosure of a "process change that significantly improved the startup opacity levels."

US Nitrogen Files Fuel Use Log

By Walter F. Roche Jr.

US Nitrogen has filed detailed data on its use of fuel in a steam generating plant and it shows the firm consumed some 2,734 million cubic feet in the first seven months of the current calendar year.
The report follows the disclosure by the company that it had violated the terms of one of its permits by using more natural gas than permitted for four successive months. The permit limits the monthly fuel use to 380 million cubic feet per month
The new company filing lists the fuel consumption for each day from Jan. 1, 2019 to July 31.
In the months that the company violated its permit limit the total for April was 392 million cubic feet followed by 415.9 million in May, 425.5 million in June and 446.4 million in July.
The January total was 341.6 million cubic feet followed by 361.4 million in February.
The highest total for a single day was a little over 2 million cubic feet on July 31. The lowest amount was on March 19 when no gas was used.
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Greeneville, County Fined on Landfill

By Walter F. Roche Jr.

Tennessee environmental officials have imposed a $2,250 fine on Greeneville and Greene County for violations of permits to operate a Class III landfill.
According to the notice posted this week on the Tennessee Department of Environment and Conservation web site the fine was assessed due to conditions found at the facility located at 1555 Old Stage Road.
According to the notice the emissions limit allowed under the permit was exceeded as was the emission standard.
The facility serves as a county transfer station as well as a landfill for construction and demolition materials.
According to Greeneville records the site is owned jointly by the township and the county but the operation of the transfer station and landfill is run under contract by Waste Industries of Tennessee, LLC.
Solid waste brought to the site is hauled to Waste Industries landfill in Hamblen County. Construction waste is disposed off at the Class III landfill on the site. Under the state permit household waste and garbage cannot be disposed at the facility.
A copy of the notice follows.


NOTICE

A Technical Secretary's Order was issued to Town of Greenevile/Greene County Government dba Greeneville/Greene County Transfer Station & Demolition Landfill) of Greene County for a violation of emission limit, emission standard, and surrogate parameter by exceeding the VEE standard. The Order assessed a civil penalty of $2,250.

US Nitrogen Violated Permit

By Walter F. Roche Jr.

A Greene County chemical firm violated the terms of one of its state permits on four successive months, but only learned of the violation in August.
In a letter to officials of the Tennessee Department of Environment and Conservation, Dylan Charles, plant manager for US Nitrogen wrote that the company's steam generator had exceeded the maximum allowable fuel consumption from April through July.
While the state permit set the maximum monthly consumption of natural gas at 380 million cubic feet per month, that amount was exceeded in each of the four months. The excesses ranged from 12 million cubic feet in April to 66 million cubic feet in July. The totals were: April- 392 million cubic feet, May -415 million cubic feet, June-425 million cubic feet and July- 446 million cubic feet.
According to Charles letter to TDEC's Michelle Owenby, the violations were not noted until Aug. 18.
The letter does not provide any explanation for why the overages occurred or why they weren't noticed until mid-August.
The steam boiler permit is one of several granted by TDEC to the Midway firm to operate an ammonium nitrate manufacturing facility.
Contact: wfrochejr999@gmail.com

US Nitrogen Used 23 Million River Gallons

By Walter F. Roche Jr.

US Nitrogen, the Greene County Tennessee chemical company, used a little over 23 million gallons of water from the Nolichucky River during the month of July, according to a report filed with state officials.
The monthly report filed with the Tennessee Department of Environment and Conservation showed that the company withdrew more than 1 million gallons from the river on 11 separate days including July 27 and July 28.
That compares to a little under 20 million withdrawn by the ammonium nitrate manufacturer in June. On seven days in June US Nitrogen pumped more than a million gallons of water.
The Midway firm also reported it discharged 10.75 million gallons of waste water back into the Nolichucky during July. Both the withdrawal and discharges took place at a company pumping station at mile marker 20.8 of the Nolichucky.
On six days during July no water was discharged to the river. The highest amount of discharge, nearly 600,000 gallons, occurred on July 31. That compares to June when more than 500,000 gallons were discharged to the river on 17 days
The company recently had its unique permit for river water use renewed.
Contact: wfrochejr999@gmail.com

US Nitrogen Permit Still Under Review

By Walter F. Roche Jr.

Tennessee environmental officials are still reviewing new permit applications for a Greene County chemical firm, but the company can continue to operate under its old permit.
Kim Schofinski, spokeswoman for the Tennessee Department of Environment and Conservation, said today that agency officials are still reviewing the US Nitrogen application along with comments submitted in writing or at a series of public hearings held over a month ago.
Two other firms located in the same Midway site also are seeking permits. Previously all three firms were operating under a single permit
"TDEC is currently in the process of reviewing comments, preparing a response, and making necessary changes, if any, to the draft permit," Schofinski wrote in an email response to questions.
"Once that process is complete, a proposed permit will be sent to EPA for review," she added.
Up until now US Nitrogen LLC, Praxair Inc. and Yara North America have been operating under a construction permit.
"The facility can continue to operate under the authority of and in accordance with their construction permits until an issuance of a conditional major operating permit," Schofinski wrote.
The new permit scheme has raised concerns some of which were expressed at a series of June public hearings and in written comments.
Both the Sierra Club and an expert hired by local activist Park Overall have argued against issuing three separate permits.
US Nitrogen is seeking a conditional major operating permit for ammonia, nitric acid and ammonium nitrate solution manufacturing operations. The permit would set limits on nitrous oxide and carbon monoxide emissions.
Praxair is seeking a permit to construct a carbon dioxide liquefaction operation while Yara seeks to takeover construction of a calcium nitrate production facility including digesting reactors, mixing tanks and a filter press.
Scott Banberry of the Sierra Club told TDEC that he opposed separating the permits because it eliminates looking at the combined impact of all three operations, which are all operating on the same Midway site.
Howard Gebhart, an environmental consultant brought in by Park Overall, submitted detailed objections to the permit proposals and urged TDEC to place additional monitoring and reporting requirements on the three companies.
Gebhart also questioned the legality of the three permit scheme and warned that the net result could be a tripling of emissions from the combined operations.
US Nitrogen already has won TDEC approval to renew a separate permit which enables the chemical firm to pump millions of gallons of water per week from the Nolichucky River for use in the production of ammonium nitrate.

US Nitrogen Reports No Excess Emissions

By Walter F. Roche Jr.

An eastern Tennessee chemical firm has submitted data showing that limits for nitrogen oxide emissions were not exceeded in the most recent quarter.
The data which was submitted to the Tennessee Department of Environment and Conservation covered emissions from US Nitrogen's nitric acid plant and a steam boiler facility at its Midway location.
TDEC officials in letters dated Monday acknowledged receipt of the test results.
In the letter Bryan Parker, a TDEC manager, told Dylan Charles, US Nitrogen's plant manager, the reports were "technically correct and acceptable for a determination of compliance."
Parker noted that the data showed that at no time during the quarter were limits exceeded.
He added that the data showed the monitoring equipment achieved "95 per cent operational availability."
Parker concluded the letters by stating that the US Nitrogen submissions fulfill the reporting requirements of the company permits.
Contact: wfrochejr999@gmail.com

US Nitrogen Takes "Corrective Action"

By Walter F. Roche Jr.


Officials of a Greene County chemical firm have advised Tennessee regulators they have implemented a plan to avert a repeat of a February incident in which nearly 400,000 gallons of water overflowed from a retention pond.
In a letter dated July 11 US Nitrogen manager Steven Wallace told the Tennessee Department of Environment and Conservation that the pump piping for the retention pond had been re-designed "to allow for additional pumping capacity."
In addition he told TDEC's Jessica Murphy that steps also were taken to divert runoff from the non-process areas of the property away from the retention pond area. That project was completed on June 28, according to Wallace's letter.
"Corrective Action Completed," the letter states.
The actions were taken in response to a March 15 notice of violation sent to US Nitrogen due to the un-permitted runoff that occurred during a period of heavy rain between Feb. 20 and Feb. 25.
US Nitrogen responded on April 12 stating that multiple corrective actions were under consideration. In the same letter the company acknowledged that some 397,000 gallons of water overflowed from the retention pond during the six day period in mid-February.
According to the April letter from US Nitrogen Plant Manager Dylan Charles, the excess runoff went into the Seven Springs branch of the Nolichucky River.
TDEC has not yet indicated whether any fine will be imposed for the permit violation.
The July 11 letter includes two pictures showing the results of the corrective actions.
Contact: wfrochejr999@gmail.com

US Nitrogen Drew Nearly 20 Million Gallons

By Walter F. Roche Jr.

US Nitrogen LLC drew nearly 20 million gallons from the Nolichucky River during the month of June, according to a report filed today with the Tennessee Department of Environment and Conservation.
The one-page report shows that the Greene County chemical company drew more than one million gallons on seven days during the month. The single highest amount, 1.2 million gallons, was pumped from the river on June 29.
The report also shows the ammonium nitrate manufacturer discharged some 12 million of waste water back into the Nolichucky.
On four days during the month including June 21 and June 22, the company didn't discharge any waste water into the river.
On 17 days during the month the company discharged more than 500,000 gallons of waste water back into the river. The single highest discharge amount, more than 600,000 gallons, came on June 19.
US Nitrogen's permit authorizing it to draw water from the river was recently renewed by TDEC.
The company has drawn some 350 million gallons from the river since the plant went into operation. The highest monthly total, 38.7 million gallons, was drawn in December of 2017.

US Nitrogen Files Sludge Plan

By Walter F. Roche Jr.

A Greene County chemical firm has filed plans showing how it plans to dispose of tons of sludge from a water treatment plant on a 12.1 acre site in Midway.
In a seven page document filed today with the Tennessee Department of Environment and Conservation US Nitrogen provided details on where it plans to apply the sludge generated at its water treatment plant. The plant processes millions of gallons of water from the Nolichucky River that US Nitrogen uses in the manufacture of ammonium nitrate.
According to the filing the sludge will be applied on a 12.1 acre cite also occupied by the water treatment plant. The permit for the treatment plant is held by the Industrial Development Board of Greeneville and Greene County and the site is also owned by the authority.
The application was submitted by Dylan Charles, US Nitrogen's plant manager, Dylan Charles.
"Produce non-potable water for industrial use," the application states, adding that the permit applies to the "land application" and "chemical unloading." US Nitrogen is listed as the "Operator" on the application.
The application shows the projected storm water runoff following the application of the sludge to the site.
Last month TDEC approved on US Nitrogen's proposal to dispose of up to 10 toms of sludge per year to the 12.1 acre site. The site is approximately two miles from the intersection of U.S. Highway 11E and I-81.
TDEC concluded that the proposal "constitutes a beneficial use of solid waste when used in the manner proposed."
US Nitrogen first proposed the sludge disposal plan in August of last year. A modified proposal was submitted in January. In the approval letter, TDEC's George M. Thornsbury noted that the approval only applied to 8.56 acres of the 12.1 acre site.
Under the approval the company must conduct an annual analysis of the sludge and an analysis for the presence of metals every five years.
The TDEC approval was dated May 20, but was not posted on the agency's web site until June 14.
In its initial filing in August of last year, US Nitrogen official estimated that the water treatment plant would generate as much as 44 dry tons of sludge per year.
Contact: wfrochejr999@gmail.com

US Nitrogen Suit Scheduled

By Walter F. Roche Jr.

A federal judge has set a Sept. 3 opening trial date in the suit filed by US Nitrogen LLC against the Georgia engineering firm hired to help design the company's ammonium nitrate manufacturing facility in Greene County Tennessee.
In a four-page order issued this week U.S. District Judge Michael L. Brown also set out a schedule for both sides to disclose witnesses and other pretrial matters.
US Nitrogen is suing Weatherly Inc, a Georgia engineering firm, charging that the company's faulty work caused extensive delays in the construction of the Midway plant. The suit charges major parts of the plant had to be re-built because of Weatherly's errors.
Brown has already ruled that US Nitrogen can only collect a maximum of $2.2 million and not the $30 million originally sought.
In a recent ruling he concluded that US Nitrogen can use the testimony of three experts despite Weatherly's objections.
In the latest order Brown set an Aug. 27 date for a final pre-trial session.
The trial will begin at 9 a.m. Sept. 3 in Brown's Atlanta courtroom.
Contact: wfrochejr999@gmail.com

Judge Rules For US Nitrogen

By Walter F. Roche Jr,

A federal judge has ruled that US Nitrogen can get testimony from three expert witnesses who have concluded that the engineering firm hired to design a $200 million Greene County chemical plant made multiple errors.
In a 14-page ruling U.S. District Judge Michael L. Brown sitting in Atlanta ruled that US Nitrogen can use testimony by the three persons in an upcoming trial against Weatherly Inc., a Georgia engineering firm.
US Nitrogen filed the suit charging that Weatherly's errors in designing the Midway, Tenn. facility cost the chemical company some $30 million.
Brown, however, in a prior ruling, concluded that the most US Nitrogen could recover was $2.2 million, the cap included in the original contract.
Brown also denied Weatherly's motion to dismiss US Nitrogen's claims.
The three witnesses, Randy Sewall, Danny Vaughn and Gary Brannon can testify for US Nitrogen, Brown concluded.
In the 19-page ruling Brown cited Sewall's background as an engineer. He noted Sewall has concluded that Weatherly's design "was defective and insufficient for it's intended use."
"He (Sewall) opined that cracks were a manifestation of poor design, but his testimony was much broader than the cracks," Brown wrote referring to cracks that appeared in pillars.
Vaughn and Brannon, the judge wrote, had testified about ineffective plant piping in the facility.
Vaughn's methodology and opinion "was reliable enough" to meet standards set by the U.S. Supreme Court," Brown wrote.

TDEC OK's US Nitrogen Shift

By Walter F. Roche Jr.

Tennessee officials have given their approval for a Greene County chemical plant to shift the chemicals being used to partially purify millions of gallons of water the company draws from the Nolichucky River.
In a one-page letter to US Nitrogen, Vojin Janjic said the company can go ahead with its plans, but he cautioned that two of the proposed treatment plans could actually worsen an algae problem the company has been trying to eliminate.
Janjic also wrote that the approval is conditional on the company maintaining the level of pollutants being sent back to the river to a so-called de minimis level.
US Nitrogen plant manager Dylan Charles had requested approval of four different treatment scenarios in a letter dated May 20. The request, however, was not posted on the TDEC web site until late last week.
"Increased levels of phosphates were observed in the facility's effluent holding pond, causing excessive algae growth,"
Janjic wrote, adding that an anti-scalant was the apparent source.
"We support all optimization processes that would result in reduction of discharged pollutants," Janjic continued.
"We approve the proposed alternative operating scenarios," Janjic added, stressing that the approval was conditional on any pollutants in the discharge to the river must remain below de minimis level.
"It is unclear, however," Janjic added how scenarios 3 and 4 would help with phosphorous loading and corresponding algae growth."
Citing tables submitted by US Nitrogen, Janjic said it appeared that in two of the four scenarios increase phosphate loading would actually increase.
US Nitrogen draws millions of gallons of water per week for use in the production of ammonium nitrate, but the company first treats the water at a treatment plant located on land owned by the local industrial development authority.

US Nitrogen Changing Water Treatment

By Walter F. Roche Jr.

US Nitrogen is seeking state approval to try a series of different methods of treating the millions of gallons of water it takes from the Nolichucky River which will also affect the water the company discharges back into the Eastern Tennessee waterway.
In a 16-page submission to the state Department of Environment and Conservation the company has laid out four different scenarios "that will change the characteristics of the effluent discharged to the Nolichucky River."
According to the letter the possible use of alternatives surfaced as the company undertook an effort to avoid heavy algae growth which had surfaced in a series of holding ponds used in the manufacturing process.
The letter from Dylan Charles, US Nitrogen plant manager, to Vojin Janjic, TDEC permit manager, is dated May 13 but was not posted on the agency website until Friday.
"We have learned more about the quality of the incoming water and other factors affecting the overall water balance," Charles wrote in explaining the reason for the proposed changes.
As an example, he wrote, "we discovered the phosphorous content in our effluent holding ponds was rising more than anticipated and promoting algae growth."
Stating that US Nitrogen subsequently learned that one of the chemicals used in the treatment process contained phosphorous, Charles said the company learned of an alternative chemical, an organic acid, that does not contain phosphorous.
According to the letter, TDEC was informed of the switch to the acid and approved it.
Charles then described a series of alternative operating scenarios the company plans to use on a phased basis.
In one method zinc will be used in the treatment process, while in another zinc will not. With the use of zinc, Charles continued, phosphorous levels will be lower.
Under still another alternative the cycles in the cooling towers will be reduced. In the final alternative, according to the letter, a proprietary system would be employed that would "control the biological growth more efficiently without the addition of chlorides."
Stating that each of the scenarios are consistent with the de minimus intent of the company's original application, Charles said the company was seeking "the division's concurrence" in the effort.
Attached to the letter were a series of charts showing the projected effect of each scenario on the water being pumped back into the river.
Contact: wfrochejr999@gmail.com

TDEC Approves USN Sludge Plan

By Walter F. Roche Jr.

Tennessee environmental officials have approved a plan for US Nitrogen to apply up to 10 tons of sludge per year to property the chemical company owns in Greene County.
In documents made public today but dated May 20, an official of the solid waste division of the Tennessee Department of Environment and Conservation approved a modified sludge application plan first submitted by the company in August of last year and amended in January of this year.
The sludge is produced when water from the Nolichucky River is processed at US Nitrogen's water treatment plant. The treated water is then used in the production of ammonium nitrate and other products and for use in cooling tower.
In the May 20 letter George M. Thornsbury, a TDEC official, told Kim Ryans of US Nitrogen that his division reviewed the proposal and determined it "constitutes a beneficial use of solid waste when used in the manner proposed."
The letter states that the approval applies only to the application of the sludge to 8.56 acres areas identified only as "A, B and C".
Under the approval the company must conduct an annual analysis of the sludge and an analysis for the presence of metals every five years.
US Nitrogen had previously disclosed that it hoped to find an agricultural use for the sludge otherwise it would be sent to a landfill.
In a filing in August of last year, a US Nitrogen official estimated that the water treatment plant would generate as much as 44 dry tons of sludge per year. The information was disclosed in a company response to a TDEC violation notice.
The 15,000 square foot treatment plant is actually located on land owned by the Industrial Development Board of Greeneville and Greene County. The site is approximately two miles from the intersection of U.S. Highway 11E and I-81. The plant "conveys and discharges to the river the effluent generated by the IDB WTP (treatment plant)and process related uses of water at US Nitrogen," according to the company filing.
The company plan, submitted by then US Nitrogen plant manager Andrew Velo, states, "The IDB WTP (treatment plant) process uses multiple processes and chemical additives to produce non-potable water from water withdrawn from the river."
Those processes also produce the sludge which is then pumped into two settling ponds, each capable of holding 315,000 gallons. On site there are also two effluent storage ponds with a capacity of 1.5 gallons apiece and a raw water pond, with a 7.5 million gallon capacity, the company reported.
"As needed," the plan states,"US Nitrogen will remove the sludge from the settling ponds. Based on initial dredging, the filing continues, "the quantity of sludge removed per each event is 61 wet tons or 11 dry tons."
Contact: wfrochejr999@gmail.com

US Nitrogen Gets River Permit

By Walter F. Roche Jr.

Tennessee environmental officials have renewed a controversial permit allowing a private chemical firm to pump millions of gallons of water per week from the Nolichucky River for use in its manufacturing processes.
The permit, which is retroactive to June 4, allows US Nitrogen LLC to draw the water from a pumping station at mile marker 20.8 on the river. The 10-page permit authorizes the company to draw water at the rate of 1,350 gallons per minute. The company pays nothing for the water.
In granting the permit the Tennessee Department of Environment and Conservation said it determined the use of the water "will result in no more than a de minimus degradation to water quality and no appreciable permanent loss of resource value."
The permit application was submitted to TDEC on March 16 and was the subject of a May 21 public hearing in Greeneville.
A handful of opponents appeared at the session including Park Overall, a longtime critic of the US Nitrogen project.
The permit was signed by Jennifer Dodd, director of TDEC's division of water resources. The original permit expired June 4. The new permit expires June 3, 2024.
"The water withdrawal from the Nolichucky River is to serve as US Nitrogen's primary water supply for for cooling and process waters," the permit states.
Under the permit the company is required to maintain a daily record of the amount pumped from the river and to submit monthly reports on those records. The company must keep the records for five years.
"The permit does not authorize adverse impacts to cultural, historical or architectural features of sites," the document states.
The permit can be transferred as long as the succeeding company agrees to abide by the permit terms. The state must be informed of any transfer 30 days in advance.
The permit also requires US Nitrogen to notify the state within 24 hours of any permit violation that constitutes a threat to a public drinking water supply.
In the permit, state officials acknowledged that opponents of the project raised concerns about the impact on endangered aquatic species, but those concerns were dismissed.
The activity, the permit states "will result in an insignificant impact to all aquatic species, whether rare or not."
The river is used as a drinking water source but the water is drawn several miles upstream of US Nitrogen's pumping station. The pumping station is some 10 miles from US Nitrogen's Midway plant.
US Nitrogen also is seeking rnewal of several other permits which were the subject of recent public hearings.

Sierra Club Opposes Permit Scheme

By Walter F. Roche Jr.

A representative of the Sierra Club has challenged a move to issue separate permits for three manufacturing firms that occupy the same site in eastern Tennessee.
In a written statement sent to the state Department of Environment and Conservation, Scott Banberry of the Tennessee chapter of the Sierra Club, said he has multiple issues with the pending proposal to "de-aggregate" the permits for US Nitrogen, Yara North America and Praxair LLC.
The state agency held separate public hearings earlier this week on the three permit applications.
Banberry, who also attended one of the sessions, wrote that the combined facilities in Greene County have the potential to release "large quantities of Greenhouse gases and should be subject to limits and monitoring requirements."
"We do not believe that this permit should be broken into separate state conditional major permits," Banberry wrote.
Under the original application TDEC issued a single permit for all three companies.
Stating that the Midway operations were "obviously interconnected," Banberry said the plant should be considered a single source and be subject to permitting requirements on "Greenhouse gases as well as nitrogen oxides and other pollutants."
Banbury cited a recent study by Cornell University that showed methane emissions from ammonia fertilizer plants may be up to 100 times higher than estimates from the U.S. Environmental Protection Agency.
"Promises by the applicants that they will stay below Title V limits should be based on regular real world sampling and not paper calculations based on self reporting," Banberry continued.
He said that that TDEC should require ambient air quality monitoring and regular monthly or quarterly emissions sampling of all pollutants to assure that limits are not being exceeded.
Banbury said he concurs with the concerns expressed by Howard Gebhart, an environmental consultant, who submitted detailed objections to the permit proposals and urged TDEC to place additional monitoring and reporting requirements on the three companies.
Gebhart who was retained by local environmental activist Park Overall, said the permits as proposed violate state regulations and could result in the tripling of some emissions. Citing the multiple complaints from local residents, he said that monitoring in the local community was necessary to determine the plant's impact on local citizens.
Contact: wfrochejr999@gmail.com.

US Nitrogen Air Permits Challenged

By Walter F. Roche Jr.

An environmental expert says the air pollution control permits being proposed for a Greene County chemical company don't comply with state regulations and would result in some emissions being tripled.
In a seven-page letter sent to the Tennessee Department of Environment and Conservation, D. Howard Gebhart of Air Resource Specialists, said the agency should withdraw the proposed permits and conduct extensive testing before proceeding. The letter also warns that under the terms of the proposed permits there will be no way to verify that the company's emissions are being kept below prescribed limits.
Gebhart, who was retained by local activist Park Overall, said that TDEC in drafting the permit failed to take into account the impact of US Nitrogen's emission "on the health and welfare of citizens living in the vicinity of the plant."
US Nitrogen, which manufactures ammonium nitrate and other chemical products, is seeking a Conditional Major Operating Permit, which will replace seven construction permit held by the firm since its opening.
The operating permit and related construction permits are in addition to the permit that TDEC issued to US Nitrogen to draw millions of gallons of water per week from the Nolichucky River. TDEC has also issued a draft to renew that water permit which was the subject of a recent public hearing,
In his letter Gebhart noted there have been numerous complaints from local residents about emissions from the Midway chemical facility.
"Through its initial operations US Nitrogen has also shown an inability to consistently comply with the terms and condition of the air quality permits issued by TDEC," he wrote, adding that numerous notices of violations and enforcement actions have been recorded.
Gebhart said TDEC should require the company to install and operate an ambient air quality system in the community to record nitrogen oxide levels and levels of particulate matter caused by ammonia production.
"Ammonia and nitric acid are the major chemicals produced by US Nitrogen and exposure to these emissions can have serious health consequences to members of the local community, especially if such emissions are otherwise unregulated by TDEC," Gebhart cntinued.
The relaxed fuel consumption limits proposed under the permit would allow the steam generating boiler to triple its allowable emissions, the letter states, adding that there was no evidence TDEC has evaluated the planned increases.
"TDEC cannot allow any emission increases at US Nitrogen without first conducting a technical review to document that proposed emission increases will not cause or contribute to an exceedance" of existing standards, Gebhart wrote, adding that an air quality modeling analysis should be completed before approval of the proposed permit. In addition, he said, that analysis should be made public and subjected to a public review and comment.
In fact, he said TDEC should withdraw the proposed permit and conduct modeling studies before issuing a revised version that would then be subject to a 30 day public review.
Calling TDEC's analysis thus far "incomplete," Gebhart said "a full and complete technical analysis" should be completed prior to issuing a new draft proposal.
The letter lists specific issues with the cooling tower, the steam generating boiler, the nitric acid plant and the anhydrous ammonia production plant including the fact that the permits "simply assume" US Nitrogen will comply with permit conditions. Calling that "unacceptable," Gebhart said TDEC should require periodic testing by an approved method to ensure compliance.
"The draft permit is deficient without ammonia monitoring for the water in the cooling tower," he said.
As for the nitric acid plant Gebhart wrote that provisions of the draft conflict with mandated monitoring standards.
As for ammonia emissions, he wrote, that compliance testing is "absolutely needed," because pollution control equipment in use at the plant is expected to degrade over time.
Stating that his recommended changes will make the permits "more protective of public health, Gebhart said that as written in the draft the permits "lack adequate and complete monitoring data for US Nitrogen to prove compliance."
The permits, including those proposed by two other companies, Praxair and Yara USA, that co-occupy the Midway site, will be the subject of public hearings tomorrow and Tuesday in the gymnasium at West Greene High School. Tomorrow (Monday's) hearing at 7:30 p.m. will be preceded by an information session at 5:30 p.m.
On Tuesday a hearing will be held at 5:30 p.m. for the permits sought by Praxair. It will be followed at 6:30 with a hearing on the Yara permit applications.

TDEC Indicates USN Permit Approval

By Walter F. Roche Jr.

Tennessee environmental officials have indicated approval of a renewal of a controversial permit allowing a private company to take millions of free water a week from a major waterway, which is also the source of drinking water for area residents.
In a draft permit posted this week, the Tennessee Department of Environment and Conservation said it has once again determined that US Nitrogen's continued use of the Nolichucky River will have a de minimus or minimal effect on the river.
In the draft TDEC acknowledged that it has not conducted any additional testing of the effect on endangered species in the waterway since 2014 before US Nitrogen began its operations.
"There have been no follow-up investigations for mussels since the issuance of the original water withdrawal permit," the document states.
"The Division does not recognize a need for a follow-up based solely on the de minimus impact of the water withdrawal," the draft states.
The draft does state that several other rare species were detected nearby in the river. Those include the Spectacalecase mussel, the Snuffbox mussel and the Oyster mussel. But, the draft continues the determination of a minimal impact "denotes an insignificant impact to all aquatic species whether rare or not."
The draft states that US Nitrogen under the permit cannot draw water from the river at a rate in excess of 1,350 gallons per minute. The company must also record daily and monthly totals of the water withdrawn.
In addition the state permit is contingent on US Nitrogen obtaining related permits from the Tennessee Valley Authority and the U.S. Army Corps of Engineers.
"The water withdrawal from the Nolichucky River is to serve as US Nitrogen's primary water supply for cooling and process water,"the draft states.
The permit requires US Nitrogen to self report any violations of the permit conditions.
"In the case of any non-compliance which could cause a threat to public drinking supplies or any other discharges which could constitute a threat to human health" the incident must be reported to TDEC within 24 hours of its discovery
Under the permit US Nitrogen can transfer the permit to another party as long as the state is informed 30 days in advance and the party assuming the permit commits to complying with its provisions.
The ownership of a party taking over the permit must also be disclosed to TDEC
The draft states that an appeal of the approval can be submitted up to 30 days after public notice of its approval. The appeal must state the provision of the permit being appealed and the legal basis for the appeal.
Contact: wfrochejr999@gmail.com

Three Hearings Set on US Nitrogen etc

By Walter F. Roche Jr.

A series of three hearings will be held over two days next month on the renewal and replacement of permits now held by US Nitrogen, the Greene County chemical manufacturer that has been at the center of concern for some area residents.
The three sessions will be held on June 10 and June 11 at the gymnasium at West Greene High School, the same site as a recent hearing over yet another US Nitrogen permit that allows the company to draw millions of gallons of free water from the Nolichucky River.
The multiple hearings have led to confusion and fears of inconvenience among some interested in the permits.
Park Overall, an environmental activist who attended the recent hearing on the river permit, said the information provided at that hearing did nothing to clear things up.
She said there was "much confusion" about the upcoming hearings and TDEC officials promised to forward additional information.
"I am at a complete loss," she said.
Another attendee at the river hearing said the timing of the sessions will make it difficult for some residents to even make it to all the public sessions.
Those that did attend the Nolichucky hearing noted that the meeting was sparsely attended with only 15 to 20 residents present.
According to public notices issued by the Tennessee Department of Environment and Conservation multiple hearings are necessary because permits now held by US Nitrogen will be replaced by separate permits, some issued to US Nitrogen and some to Praxair Inc. and some by Yara North America. Those two firms co-occupy the Midway site where US Nitrogen is located.
According to the public notices on June 10 a hearing will be held on US Nitrogen's permit requests at 7:30 p.m. It will be preceded by an informational session at 5:30 p.m. in which residents can meet with TDEC staff and ask questions.
On June 11 a hearing will be held at 5:30 p.m. for the permits sought by Praxair. It will be followed at 6:30 with a hearing on the Yara permit applications.
Asked about the scheduling, TDEC spokeswoman Kim Scharfinski said, "Instead of conducting three separate formal hearings in one evening, we determined it would be most efficient and productive to host the public hearing for the permit changes associated with US Nitrogen on the first evening, and the hearings regarding the permit changes associated with Yara and Praxair on the second evening."
She said TDEC has received multiple inquiries about the US Nitrogen permits which led to the decision to hold a separate information session on June 10 prior to the formal hearing.
"While not required to do so, we determined that providing an information session prior to the US Nitrogen public hearing would allow our staff and members of the public an opportunity to informally address any questions," Scharfinski said, adding that TDEC staff would also be able to respond to questions at that time on the Yara and Praxair permit applications.
US Nitrogen is asking for existing construction permits to be consolidated in a federally enforceable state operating permit. The petition seeks to opt out of an existing provision of the Tennessee Air Pollution Control Act.
The company is seeking a conditional major operating permit for ammonia, nitric acid and ammonium nitrate solution manufacturing operations. The company says it will agree to limit nitrous oxide and carbon monoxide emissions.
Praxair is seeking a permit to construct a carbon dioxide liquefaction operation while Yara seeks to takeover construction of a calcium nitrate production facility including digesting reactors, mixing tanks and a filter press.
Contact: wfrochejr999@gmail.com





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US Nitrogen Permits Waived

By Walter F. Roche Jr.

Tennessee environmental officials have concluded that US Nitrogen does not need special permits for a new emulsion plant and three large storage tanks including one holding sulfuric acid.
In a letter issued today a deputy director of the Tennessee Department of Environment and Conservation told US Nitrogen plant manager Dylan Charles that no permits are required for the new plant and storage tanks.
The company informed TDEC of the new facilities on May 11.
In addition to sulfuric acid tank, the other two tanks will be used to store hypochlorite.
The approvals come just days after TDEC held a public hearing in Greeneville on US Nitrogen's application to renew the permit under which it draws millions of gallons of free water per week from the Nolichucky River. Only a handful of residents showed up for the hearing.
In other developments this week TDEC acknowledged the receipt of test results on nitrous oxide and other emissions from US Nitrogen's nitric acid plant.
The tests were conducted by an outside firm hired by US Nitrogen to verify that the company did not exceed the emission limits set out in its permits.
The company also submitted quarterly data to show that emission limits on the nitric acid plant and a steam generating boiler did not exceed set limits during the first quarter of 2019.
Contact: wfrochejr999@gmail.com

Key US Nitrogen Hearing Set

By Walter F. Roche Jr.

Tennessee state officials will be presiding over a key hearing tomorrow on the renewal of a controversial permit that allows a chemical company to pump millions of gallons of free water from the Nolichucky River for use in its manufacturing operations.
The hearing set by the Tennessee Department of Environment and Conservation will begin with an informational session from 5 to 6 p.m. to be followed by a formal public hearing from 6 to 8 p.m. It will be held in the gymnasium at the West Green High School.
Under its existing permit, which expires June 2, the company has pumped some 350 million gallons of water from the Nolichucky. It has been pulling water from the river since March of 2016.
Local environmental activist Park Overall said she plans to be at the hearing and testify against renewal of the permit.
The water is drawn through a pipeline from the river to US Nitrogen's Midway manufacturing plant.
The Tuesday session is the first of two key hearings relating to US Nitrogen, which primarily produces ammonium nitrate for use in explosives produced by its corporate parent, Austin Powder, based in Ohio. On June 10 TDEC will be holding a hearing on a permit application by US Nitrogen to merge some seven current permits int a single environmental permit. That hearing will begin at 5:30 with an information session. It will be followed by a formal hearing at 7 p.m. The June 10 session will also be held at the gymnasium at West Green High School.

USN Took 350 Million Gallons From River

By Walter F. Roche Jr.

A Tennessee chemical firm has drawn some 350 million gallons of free water from a nearby river over the past three years under a controversial permit that is now up for renewal.
In a report filed Tuesday with the Tennessee Department of Environment and Conservation, US Nitrogen reported it drew 22 million gallons from the Nolichucky in April alone. That is the highest total in the past year but far below the record 38.7 million gallons US Nitrogen took from the river in December of 2017.
During the same three year period the monthly reports show the company discharged nearly 180 million gallons of water back in to the river
The latest monthly report comes as the date for a public hearing on the company's permit is fast approaching. TDEC has set a May 21 date for a public session on the permit renewal request. US Nitrogen uses the water in its manufacturing processes and thus avoids paying a local utility millions of dollars a year in fees.
The hearing will start with an information session from 5 p.m. to 6 p.m. with a formal hearing from 6 p.m. to 8 p.m. It will be held in the West Greene High School gymnasium.
The same permit allows the company to discharge waste water back in to the river. In April, for instance, the company pumped some 10.5 million gallons back in to the river. Absent the permit the company would also be charged for processing that discharge.
The company began drawing water from the river in March of 2016 although the original permit was issued a few months earlier.
According to the April report US Nitrogen pumped more than one million gallons from the river on six days including April 9 through April 13. On three days in April the company discharged over 500,000 gallons back into the river.
The company draws the water from the river at a location about 10 miles from its Midway plant. A pipeline, which also drew controversy, was installed along two state highways to deliver the water. A law suit over the pipeline was only recently settled.
US Nitrogen's primary product is ammonium nitrate which is used by its parent firm, Austin Powder, in the production of explosives.
Contact: wfrochejr999@gmail.com

US Nitrogen Hearing Schedule

May 21: Hearing on the permit that allows U.S. Nitrogen to take water from the Nolichucky River.
Where: West Greene High School Gymnasium
When: 5 to 6 p.m. Information Session 6 to 8 p.m. Formal Hearing


June 10: Hearing on other construction permits from the state which US Nitrogen is seeking to renew.
Where: West Greene High School Gymnasium
When: 5:30 to 7 p.m. Information Session 7 p.m. Formal hearing.

US Nitrogen Seeks Permits

By Walter F. Roche Jr.

Tennessee environmental officials have made public extensive details on permits being sought by a Greene County chemical firm which will be the subject of public hearings in June.
In a 91-page document posted this week on its website, the Tennessee Department of Environment and Conservation detailed the proposed permits that will allow US Nitrogen to continue its operations.
According to the notice the company is seeking a conditional major operating permit that would cover its ammonia, nitric acid and ammonium nitrate manufacturing operations.
The notice states that the major conditional operating permit will replace and supersede seven existing construction permits.
In addition the company is seeking air quality construction permits for its cooling towers, steam boiler, an anhydrous ammonia production plant, a nitric acid plant and flare systems.
In filing for the conditional operating permit, US Nitrogen has agreed to limit nitrogen oxide and carbon monoxide emissions to less than 100 tons per year.
"US Nitrogen has agree to use monitoring, testing and record keeping methods to prove they are abiding by the more restrictive emission limits," the filing states.
According to the notice if US Nitrogen fails to abide by the carbon monoxide and nitrogen oxide limits it will be subject not only to enforcement action by the state, "but it may result in the imposition of federal enforcement action by the U.S. Environmental Protection Agency and the loss of being federally recognized as a conditional majour source.
The company is asking that limits on greenhouse gases that are in its current permit be removed and they are seeking other changes including an increase in the total dissolved solids allowed in its cooling towers.
TDEC has announced that an informational session will be held on June 10 from 5:30 p.m. to 7 p.m. to be immediately followed by a formal public hearing. The sessions will be held at the West Greene High School gymnasium.
The session will be in addition to a separate public hearing on US Nitrogen's application to renew the permit which allows the company to draw millions of gallons of water from the Nolichucky River for use in its manufacturing operations. That hearing is scheduleded for May 21 at the West Greene High School. An informational session will be held at 5 p.m. followed by a formal public hearing at 6 p.m.
Contact: wfrochejr999@gmail.com

US Nitrogen Details Testing Plans

US Nitrogen has disclosed to Tennessee environmental officials the details of upcoming tests that will be performed on its Midway manufacturing facility to ensure compliance with its permits.
In a series of documents filed this week with the Tennessee Department of Environment and Conservation the ammonium nitrate manufacturing firm said the tests will be performed during the week of May 20.
Two outside firms, AMP-Cherokee Environmental Solutions and TRC Environmental will be involved in the testing, according to the filings.
The tests will be conducted on the company's nitric acid plant, a tail gas stack and a steam generating boiler.
In a 13-page summary document, the details of the testing procedures for each of the operations are described.

US Nitrogen Drew 400 + Million River Gallons

By Walter F. Roche Jr.

US Nitrogen LLC has drawn some 400 million gallons of free water from the Nolichucky River under a controversial Tennessee permit which it now wants to renew for another two years.
Monthly reports filed with the state Department of Conservation and Environment show the chemical manufacturing firm has also discharged some 200 million gallons of wastewater back in to the Eastern Tennessee waterway.
Recently the company filed an application to renew the current permit, which expires in early June, to mid-June 2021.
The controversial permit is one of two unique permits that has aroused the ire of environmental activists in the region. The other permit, granted by the Tennessee Department of Transportation, allowed US Nitrogen to install dual pipelines along two state highways from mile 20 of the Nolichucky River to the company's manufacturing facilities in Midway Greene County.
TDEC disclosed earlier this week that it will hold a public hearing on the renewal request on May 18 at the West Greene High School in Greeneville beginning at 5 p.m. The permit has saved the firm millions in fees it would have incurred if it had to purchase the water and have wastewater processed through authorized treatment facilities as first proposed.
In the most recent report covering the month of March, the company reported it drew 15.8 million gallons from the Nolichucky while discharging 13.8 million gallons back into the river.
On six days in March the company drew more than one million gallons from the river. The highest single total was 1.16 million gallons drawn on March 15. On 13 days during March the company discharged more than 500,00 gallons back into the river. On one day, March 24, there was no discharge to the river.
In prior monthly reports the company, a subsidiary of explosives manufacturer Austin Powder, reported withdrawing 19.4 million gallons from the Nolichucky in May of 2018. More than 18 million was pumped from the river on four days since March of 2018. The largest discharge into the river over the same period was 13.8 million gallons in March of this year.
Contact:wfrochejr999@gmail.com

May Hearing Set on USN River Permit

By Walter F. Roche Jr.

Tennessee environmental officials have scheduled a public hearing on the request of a Greene County chemical company to renew the permit that allows it to draw - free of charge - up to nearly 2 million gallons of water per day from the Nolichucky River.
The notice issued today by the Department of Environment and Conservation is set for May 18 at the West Greene High School. An initial informational session will be held at 5 p.m. followed by a formal public hearing at 6 p.m.
The official notice states that testimony may be limited "to allow all parties an opportunity to speak.
The permit in question is one of several granted to US Nitrogen, a subsidiary of Austin Powder, an Ohio based explosives manufacturer.
According to the notice the river water will be used for cooling and to manufacture ammonium nitrate, ammonia and nitric acid. The company draws the water from the river at mile marker 20.8, about 10 miles from its manufacturing facility in Midway.
According to the notice during the first hour residents will be able to pose one-on-one questions to TDEC staff or representatives of US Nitrogen.
Local environmental activist Park Overall previously submitted a formal request for TDEC to hold a public hearing on the permit renewal. Overall has also requested a hearing on US Nitrogen's proposal to use a new process for the production of nitric acid
In addition to comments at the hearing, interested parties may submit written comments through May 31.
The US Nitrogen permit to draw water from the river and to discharge waste water back into the river has been highly controversial. It has also triggered several lawsuits, none of which derailed the project.
US Nitrogen's current permit expires June 2.
In its 19-page application for a renewal the company said it had explored other alternatives to the use of the Nolichucky including purchasing water from the Old Knox Utility District.


I












NOTICE OF HEARING

TENNESSEE DEPARTMENT OF ENVIRONMENT AND CONSERVATION Division of Water Resources William R. Snodgrass Tennessee Tower 312 Rosa L. Parks Avenue, 11th Floor Nashville, Tennessee 37243

Notice is hereby given: the Tennessee Division of Water Resources will hold a public hearing regarding an application for the re-issuance of a water quality permit to withdraw water from the Nolichucky River for industrial water supply.
Location: West Greene High School Gymnasium 275 West Greene Drive Mosheim, TN 37818
Date: Tuesday May 21, 2019
Informational Session: 5:00 – 6:00 pm eastern time
Public Hearing: 6:00 – 8:00 pm eastern time
Public comments will be received concerning the proposed permit action described below:
Applicant:
Division File Number: US Nitrogen LLC Dylan Charles 471 Pottertown Road Midway, TN 37809 423-422-2040 NRS19.062
Description: US Nitrogen LLC has submitted an application for the reissuance of an Aquatic Resource Alteration Permit that would authorize withdrawal of industrial water supply from the Nolichucky River. US Nitrogen will use the water withdrawn for process, non-process, and cooling water for production of nitric acid, ammonia, and ammonium nitrate solution. The water withdrawal from the Nolichucky River is to serve as US Nitrogen’s primary water supply for cooling and process water. Hearing Process: The purpose of this hearing is to allow the public to learn about and provide comments on water quality issues that could occur from this project. Prior to opening the formal public hearing, an informational session will be held with Tennessee Department of Environment and Conservation (TDEC) staff. The informational session will have a question and answer format where the public can ask one-on-one questions of TDEC staff or the permit applicant. Once the formal public hearing begins, the question and answer format will end and all public comments will be collected for the hearing record without response from TDEC. TDEC staff will provide written responses to all oral and written comments following the public hearing, prior to making a final determination on the permit action.
The meeting moderator may limit the length of oral comments in order to allow all parties an opportunity to speak, and will require that all comments be relevant to the proposed permit action and Division of Water Resources issues. Written comments will be accepted at the hearing and for ten working days following the hearing and will be considered part of the hearing record. If one cannot attend but would like to comment, written comments will be accepted through May 31, 2019. The permit application, supporting documentation including detailed plans and maps, and related comments are available for review on the internet at the Division’s data viewer (https://www.tn.gov/environment/about-tdec/tdec-dataviewers.html) by entering the permit number listed in the title of this Public Notice. Interested persons may also obtain additional information and may inspect and copy related documents at the Division’s Central Office at the address listed above, Attn: Robert Baker, at robert.d.baker@tn.gov. EEO/AA/ADAAA inquiries or complaints may be directed to the ADAAA Coordinator, HR Division, at 1-615-532-0200. Hearing impaired callers may use the Tennessee Relay Service (1-800-848-0298). If it is hard for you to read, speak, or understand English, TDEC may be able to provide translation or interpretation services free of charge. Please contact Saul Castillo at 615-532-0462 for more information.

US Nitrogen Overflow Nearly 400,000 Gallons

By Walter F. Roche Jr.

The un-permitted water overflow at a US Nitrogen retention pond recently, totaled totaled nearly 400,000 gallons, according to a report filed with the Tennessee Department of Environment and Conservation.
In a two-page letter sent by US Nitrogen Plant Manager Dylan Charles, the Greene County company reported that the un-permitted overflow totaled 397,000 gallons and occurred during a period of intense rainfall between Feb. 20 and Feb. 25. The letter dated April 12 was filed in response to a violation notice issued by TDEC on March 15.
According to Charles' letter, the overflow water eventually flowed into the Seven Springs Branch of the Nolichucky.
The pond overflow water that exceeded the capacity of the retention pond eventually exited the water retention area at previously permitted area, Charles reported in the letter to Jessica Murphy of TDEC.
He noted that total rainfall between Feb. 16 and Feb. 25 at the company site totaled 6.48 inches
Charles told TDEC that the company was considering "multiple corrective actions" to minimize future occurrences." He said one possibility being considered was a redesign of the retention pond piping.
The US Nitrogen official said the retention ponds usually operate at 40 to 50 percent of capacity and levels are controlled by routine pumping. But, he wrote, the effluent ponds collected some 3.1 million gallons of water from the intense rainfall in March.
He said the company was limited by its permits in the amount of water that can be transferred from the retention ponds to a raw water pond.
"On Feb. 20," Charles continued, "the water level exceeded the capacity of the retention pond and began to pool in the low areas of the pond's bank." He added that at that time the pond's weir overflow valves were locked and remained in that position for three days during which an additional 1.5 inches of rain fell.
He wrote that an additional 2.4 inches of rain fell on Feb. 24 overwhelming the capacity of the pond.
US Nitrogen, a subsidiary of Austin Powder, an Ohio explosives manufacturer, produces ammonium nitrate and other chemical products at the Midway facility.
Contact: wfrochejr999@gmail.com

US Nitrogen Proposes New Emission Limits

By Walter F. Roche Jr.

The operators of a controversial Tennessee chemical manufacturing company have sent a three-page proposal to state environmental officials in which they agreed to set new limits on various emissions from its multiple operations at its Greene County facility.
In a three-page letter dated April 11 Dylan Charles, US Nitrogen's plant manager, told Michelle Owenby of the Tennessee Department of Environment and Conservation that the limits would apply to the company's conditional major operating permit. In each category Velo cited prior requests submitted by the company dating back to 2015.
The letter does not indicate what the current limits are for the various categories or whether the newly proposed limits represent an increase or decrease.
According to the letter US Nitrogen agrees to limit in particulate matter emissions of 0.29 pounds per hour and 1.3 tons per 12 consecutive months for its cooling tower.
For the company's ammonia plant flue gas tanks, the company agrees to a limit on particulate matter emissions of .75 pounds per hour and 3.3 tons per 12 consecutive months. For the boiler the company agrees to a limit of particulate emissions of one pound per hour and 3.76 tons for any 12 consecutive months.
Sulfur dioxide limits agreed to by the company are .06 pounds per hour and .26 tons per any 12 consecutive months for the ammonia plant flue gas stacks. For carbon monoxide emissions from the boiler the company agreed to a limit of 4.52 pounds per hour and 19.8 tons per any 12 consecutive months.
A limit of 8.32 pounds per hour and 36.44 tons per any 12 consecutive months of carbon monoxide would be set for the ammonia plant flue stacks.
For the steam generating boiler US Nitrogen agreed to an emissions limit of sulfur dioxide of .10 pounds per hour and .30 tons for any 12 consecutive month period. Nitrogen oxide emissions would be limited to 3.96 pounds per hour and 17.32 tons for any 12 month consecutive period. Carbon monoxide limits would be set at 4.52 pounds per minute and 19.8 tons per any 12 consecutive month period
Citing a request submitted by the company in late 2015, the company agreed to a limit of .035 pounds per one million btu's of nitrous dioxide.
Finally the company agreed to limits on ammonia and other flares on carbon monoxide and nitrous oxide